# Ill KAPLAN KIRSCH ROCKWELL
January 16,2014

VIA HANDDELIVERY Sharon Long Office ofthe ChiefCounsel 

## RECEIVED AUG 262015 PART 16 DOCKETS

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 Re: 

### National Business Aviation Association, Inc., et al. v. Town of East Hampton, NY, FAA Docket No. 16-15-08 Dear Ms. Long: Enclosed please find for filing in the above-referenced docket one original and three copies ofRespondent Town ofEast Hampton, New York's Unopposed Motion for Extension of Time to File Its Answer. Also enclosed is an extra copy ofthe Motion to be file-stamped and returned to the courier. Please feel free to contact me at (202) 955-5600 if you have any questions or require additional information.

Enclosures

cc: Mr. Steve Brown

Attorneys at Law Denver a Washington, DC Sincerely,

W. Eric Pilsk

Kaplan Kirsch & Rockwell LLP tel: (202) 955-5600 1001 ConnecticutAve., N.W., Suite 800 fax: (202) 955-5616 Washington, DC 20036 ""w.kaplankirsch.comUNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

National Business Aviation Association, Inc., et 

### al. 

## RECEIVED AUG 2 62015 PART 16 DOCKETS Complainants, FAA DocketNo. 16-15-08 

### v. Town ofEast Hampton, NY Respondent.
RESPONDENT TOWN OFEAST HAMPTON, NEW YORK'S UNOPPOSED MOTION FOREXTENSION OFTIME TO FILE ITS ANSWER Designation ofpersons to receive service for the Town ofEast Hampton, New York: Elizabeth Vail TownAttorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pi1sk Catherine van Heuven Kaplan Kirsch & Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com cvanheuven@kap1ankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616Respondent Town ofEast Hampton, NewYork (the "Town") moves, pursuantto 14 C.F.R. § 16.11, for a 30-day extension oftime to file its Answer to the Complaint inthe abovecaptioned matter. Complainant does not oppose this Motion. 1. Complainants filed the Complaint onMay 20, 2015, alleging that the Town, the operator ofEast Hampton Airport ("HTO") has violated Assurances 23 and 25. The Director docketed the Complaint on June 8, 2015. On June 24,2015, theTown filed a Motionto Dismiss the Complaint. Also on June 24,2015, the Town filed a Motionto Suspend Filing an Answer Until the FAA Rules on Respondent's Motionto Dismiss. The FAA did not rule on either motionbyAugust 19 and, pursuantto 14 C.F.R. § 16.26(b)(5) the Town's Answeris now due on September 8, 2015. 2. Dueto previously scheduled vacations, a trial in an unrelated matter, and other previously scheduled deadlines and professional commitments, the Town needs additional time to prepare an Answerto the Complaint. Due to the limited staffat East Hampton Airport, and the Town itself, it will notbepossible for the Town to locate and review all ofthe necessary information, and prepare a complete response to the Complaint, by September 8. Allowing time for the Townto locate and review all ofthe relevant documents is necessary for the Town to provide a complete response to the issues raised in the Complaint. 3. In orderto provide the Townwith sufficient time to locate and review the relevant documents, and draft an appropriate response to the Complaint, the Townrequests an extension oftime until October 8, 2015, to file its Answer to the Complaint. The Town does not objectto Complainants receiving a similar extension oftime to file their Reply. 4. The extension oftime will not prejudice the FAA's investigation or its ability to afford appropriate reliefin this case. The Town's Motionto Dismiss remains pending.

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### Moreover, this schedule will promote the efficient andjustresolution ofthis case byproviding FAA with a complete factual record and the considered position ofthe Town as the basis for its investigation. This will both promote the FAA's truth-finding objectives and reduce the scope of the investigation byFAA staff. Accordingly, the requested extensions will not adversely affect the parties or undermine FAA's enforcement authority. 5. Counsel for the Town has discussed this Motion with Complainant and Complainant does not object to the extension. 6. For the foregoing reasons, the Town respectfully requests that FAA grant the Town an extension oftime until October 8, 2015, to file its response to the Complaint in this matter. Respectfully submitted this 25th day ofAugust, 2015.

Elizabeth Vail TownAttorney Town ofEast Hampton 159 Pantigo Road East Hampton, NY 11937 EVail@EHamptonNY.Gov W. Eric Pilsk Catherine vanHeuven Kaplan Kirsch & 

### Rockwell LLP 1001 Connecticut Ave., NW, Suite 800 Washington, D.C. 20036 epilsk@kaplankirsch.com cvanheuven@kaplankirsch.com Telephone: (202) 955-5600 Facsimile: (202) 955-5616

3CERTIFICATE OF SERVICE I hereby certify that I have this 25th day ofAugust, 2015, served the foregoing Respondent Town ofEast Hampton, NewYork's Motion for Extension ofTime to File Its Answer onthe following parties as indicated below: Office ofthe ChiefCounsel Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 BY HAND DELIVERY Steve Brown ChiefOperating Officer National Business Aviation Association, Inc. 1200 G Street, NW Suite 1100 Washington, D.C. 20005 BY EMAIL AND US MAIL Datedthis 25th day ofAugust, 2015. W. Eric Pilsk

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